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After 1 yr 6 months going through the same CP exams twice for 7 claims, returned decision of NOT SERVICE CONNECTED for all

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VetNY12

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Almost took two years to finally get a decision I have been given a rating of NOT SERVICE CONNECTED for all 7 of my claims. I'm hoping others are receiving better outcomes, this time around I had gone through a lawyer thinking that may help, but at this point not really. Next steps will be to appeal unfortunately since there is a massive backlog of claims. But when the VA cannot make a reasonable determination, this is what happens.

One thing I will point out if it helps others, these claims did not have to do during a time I was deployed over seas. Could this be a reason why I was denied completely, who knows this game is very subjective.

My other disabilities I have received were from overseas service, and I had actually applied for them myself, no help from law firm.

I also have been working a veteran who also received a NOT SERVICE CONNECTED decision not only for his issues he was being treated for throughout his military service, but he also got denied for Tinnitus. Very surprising, maybe VA is working on budgeting, deny a bunch of claims, budget looks better.

 

I even have my deceased fathers claim which has been ongoing for almost 2 yrs and my family are waiting for a decision there for the sake of my mother receiving the benefits she is entitled too.

For our OLDER veterans to go through this crap process is horrible to see and for their widow to to have to standby for way too long wondering if they will received benefits needs to change.

Just sharing my experiences, hoping you others have a better outcome.

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Can you scan and attach here the most recent denial?

Cover your C file# ,name, address prior to scanning it.

I hope you are not dealing with the Buffalo VARO. They can barely read. At least that is my opinion because of the ridiculous denials I got but I pursued them relentlessly until I succeeded.

"I also have been working a veteran who also received a NOT SERVICE CONNECTED decision not only for his issues he was being treated for throughout his military service, but he also got denied for Tinnitus. Very surprising, maybe VA is working on budgeting, deny a bunch of claims, budget looks better."

Does he have a copy of his SMRS and inservice personnel file?

To include his discharge certificate that lists his inservice disabilities?

Have you yourself seen his DD214 or DD 215?

Can he join us here?

 

Almost took two years to finally get a decision I have been given a rating of NOT SERVICE CONNECTED for all 7 of my claims. I'm hoping others are receiving better outcomes, this time around I had gone through a lawyer thinking that may help, but at this point not really. Next steps will be to appeal unfortunately since there is a massive backlog of claims. But when the VA cannot make a reasonable determination, this is what happens.

One thing I will point out if it helps others, these claims did not have to do during a time I was deployed over seas. Could this be a reason why I was denied completely, who knows this game is very subjective.

My other disabilities I have received were from overseas service, and I had actually applied for them myself, no help from law firm.

I also have been working a veteran who also received a NOT SERVICE CONNECTED decision not only for his issues he was being treated for throughout his military service, but he also got denied for Tinnitus. Very surprising, maybe VA is working on budgeting, deny a bunch of claims, budget looks better.

 

"I even have my deceased fathers claim which has been ongoing for almost 2 yrs and my family are waiting for a decision there for the sake of my mother receiving the benefits she is entitled too."

Has that claim been denied?

Was she able to send them the evidence they requested?

As a widow myself of 2 veterans, I know how miserable the VA can make it for many widow's claims.

Was he a Vietnam Veteran, or a Blue Water Navy Veteran?

With more info we can try to help more.

Edited by Berta
added more

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I agree all this new stuff was put in place to hold or prolong a claim.

The new comp system.

My case is also been shop around for a unfavorable medical opinion.

It been to qtc lhi the va hospital all in the last 5 months.

The no phone number to the bva only the va 1800 which has to do iris if you have a problem with the board smh

 I even got a cavc remand in the new appeal system when I did even check the opt in box.

And no one will address it. It's been sitting in the new appeal lane for 5 months. Smh

So you are not alone 

I tell you one thing after this fight for my smc benfits.

They can have all this VA stuff because it's not going to get any better only worse.

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Decision letter will state why your claim was denied,  you can then work to overcome that.  Many decision letters now note favorable findings which can work in your favor.  Don't just blindly keep filing like many will say on here.  Fill in the gaps that the VA noted to make your claim complete.

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I agree with asdf.  Read the decision letter carefully, especially the reasons for the decision.    When you appeal, try to refute the reasons for denial.  For example, if the VARO decision states your claim was denied because there was no evidence you had claimed condition.  Then, cite Dr. X's exam dated mm-dd-yy, where Dr. Z stated your diagnosis.  Evidence wins claims

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